RENUKA NAIR Vs. G SATISH

JUDGEMENT

(1.) THE instant revision petition is directed against the order, dated 297-2005, passed by the learned Judge, Family Court, Secunderabad, in la. No. 495 of 2005 in O. P. No. 280 of 2005.

(2.) THE revision petitioner is the petitioner, who filed O. P. No. 280 of 2005 for dissolution of her marriage with the respondent-husband on the ground of cruelty and also sought for custody of minor son under section 26 of the Hindu Marriage Act. While the O. P. No. 280 of 2005 pending adjudication, she filed concomitant petition in LA. No. 495 of 2005 under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure seeking temporary injunction restraining the respondent from removing the minor from her custody pending disposal of the main petition. Initially, an ad-interim injunction was granted in favour of the petitioner, after having heard either side. When that application sought to be resisted by the husband, eventually under the impugned order the learned Judge vacated the ad-interim injunction granted earlier. At the same time, the Court granted visitation rights to the respondent. That is now sought to be assailed by the revision petitioner.

(3.) THE relationship, inter se, between the parties is not in dispute. Obviously, inasmuch as there is no love lost in between the couple and the same having been stretched to the point of irretrievable breaking down of marital tie, the wife filed the application seeking divorce from her husband. She begot a child through her husband, who was named as Master Varin Nair. Admittedly, the custody of the minor has been with the wife-the revision petitioner. The divorce petition has been filed on the ground of mental and physical cruelty attributed squarely to the respondent-husband. Alleging threat of removal of the custody of the minor son over phone and apprehending that such threats will be translated into the acts, the petitioner filed the interlocutory application seeking interim injunction.